High Court of Review and Justice
PRESS RELEASE
In its session of 11 October 2021 the High Court of Review and Justice– Panel for the Clarification of Certain Points of Law in Civil Matters, lawfully established in each Case, considered four requests for a preliminary ruling for the clarification of certain points of law, and returned the following Judgments:
Decision #70 in Case #1956/1/2021
Sustains the request from Court of Appeals Craiova – Chamber for Labor Conflicts and Social Insurance, in Case #1245/95/2020, and establishes the following:
In interpreting and applying the provisions of Article 170 para. (3) in Law No 263/2010, the date of granting the correction index shall be the date on which the determination of the pension first took place under the terms of Law No 263/2010, even if this is before the 10th of February 2020, when Decision No 702 of 31 October 2019 of the Constitutional Court was published in the Official Gazette of Romania, Part I, No 96.
Obligatory, as under Art. 521 para. (3) in the Civil Procedure Code.
Returned in public session today, the 11th of October 2021.
Decision #71 in Case #1958/1/2021
Denies as inadmissible the request brought by the Court of Appeals Bucharest – Chamber VII for Labor Conflicts and Social Insurance, in Case #26651/3/2020, for a preliminary ruling on the following point of law:
The interpretation of the provisions of Article 165 para. (2) in Law No 263/2010 on the unitary public pension system, as amended and supplemented, in order to determine whether for the calculation of pension entitlements there are taken into account the increases and other supplementary income gained before the 1st of April 2001, proven with certificates issued by the units when they were received and formed part of the basis for calculating social security contributions in addition to income other than wages and salaries in work permits, valued in accordance with article 165 para. (1).
Obligatory, as under Art. 521 para. (3) in the Civil Procedure Code.
Returned in public session today, the 11th of October 2021.
Decision #72 in Case #2131/1/2021
Sustains the request from Court of Appeals Ploieşti – Administrative and Tax Litigation Chamber, in Case #18070/3/2020, and establishes the following:
In interpreting the provisions of Article 120 para. (4) in Law No 46/2008 on the Forestry Code, forestry personnel shall not be entitled to compensation for professional grade in the absence of normative documents regulating the method of determining this wage right in practice.
Obligatory, as under Art. 521 para. (3) in the Civil Procedure Code.
Returned in public session today, the 11th of October 2021.
Decision #73 in Case #2216/1/2021
Denies as inadmissible the request brought by the Tribunal Timiş – Chamber II for Civil Matters, in Case #10604/325/2020, for a preliminary ruling on the following point of law:
„1. In the interpretation of the provisions of Article 9 correlated with the provisions with Article 22 of the Code of Civil procedure, the court may, ex officio, invoke the effect of the provisions of Article 1541 para. (1) letter (b) inthe Civil Code on the reduction of the manifestly excessive penalty and thus to discuss the possible disproportionate nature of the criminal clause in the absence of an express request from the interested party?
2. In the context of penalties for late payment of a percentage rate fixed by the parties for late performance of an obligation to pay a sum of money, which the court considers to be manifestly excessive, does the limitation provided for in Article 1541(2) in the Civil Code apply?”.
Obligatory, as under Art. 521 para. (3) in the Civil Procedure Code.
Returned in public session today, the 11th of October 2021.
After the justification is written and the Judgment signed it shall be published in the Official Journal of Romania, Part I.